If there was any question in Texas, an update to the Department of State Health Services’ website has put that to rest. It’s illegal in the Lone Star State.
What You Need To Know
“Texas Health and Safety Code Chapter 443 (HSC 443), established by House Bill 1325 (86th Legislature), allows Consumable Hemp Products in Texas that do not exceed 0.3% Delta-9 tetrahydrocannabinol (THC). All other forms of THC, including Delta-8 in any concentration and Delta-9 exceeding 0.3%, are considered Schedule I controlled substances,” the newly updated DSHS website states.
DSHS goes on to say it has no regulatory authority over controlled substances and that complaints should be directed to police.
Legislators in the House agreed to the 5% THC limit, but the Senate cut it back to only 1%.
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“It’s arguable that any form of cancer could be terminal, right? So it felt like a very arbitrary descriptor,” said Jax Finkel, the executive director of Texas NORML, a national organization seeking to legalize marijuana.
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When the bill was introduced, many hoped the THC limit would increase even more, to a maximum of 5%.
That would have increased the limit tenfold. Still, some of the Texans who testified that they already self-medicate with illegal marijuana said it was too low.
Thousands more Texans can now be prescribed medical cannabis oil with low levels of THC, the ingredient that gets people high.
“Texans support a robust and inclusive medical cannabis program that allows doctors and patients to decide their treatment and formulations,” Finkel said. “But then when we look at the Legislature, they’re only there every two years. So any patients that aren’t included, have to languish for two years.”